Design Rights vs. Copyright Protection

Intellectual property (IP) protection is essential for safeguarding creative and commercial interests in a growing economy. In India, creators, designers, manufacturers, and businesses have access to multiple forms of IP rights, each designed to protect different types of creative output. Two of the most commonly confused forms of protection are design rights under the Designs Act, 2000, and copyright protection under the Copyright Act, 1957. While both protect creative works, their nature, scope, and legal consequences differ significantly.

Understanding the distinction between design rights and copyright is crucial, especially for creators in fields such as fashion, textiles, industrial manufacturing, consumer products, packaging, interior décor, furniture design, printing, and lifestyle goods. This article explores the differences between the two forms of protection, explains the legal framework, examines key judicial precedents, and clarifies when creators should rely on design rights and when copyright protection is more appropriate.

I. Understanding Design Rights

Design rights protect the aesthetic and ornamental appearance of an article. They do not protect ideas, functions, or technical features, but only features that appeal to the eye.

A. Definition under the Designs Act, 2000

Under Section 2(d) of the Designs Act, a “design” refers to:

shape,
configuration,
pattern,
ornament, or
composition of lines or colours

applied to any article by any industrial process, whether two-dimensional, three-dimensional, or both.

The design must appeal to the eye and be capable of being applied to an article that is manufactured on an industrial scale.

B. Requirements for Protection

A design must be:

New or original—not previously published or known.
Applied to an article—the design is inseparable from the object it decorates.
Aesthetic in nature—not functional.
Capable of industrial application.

If any of these elements are missing, design protection cannot be granted.

C. Duration of Design Protection

Under Section 11, a registered design is protected for:

10 years, extendable by
5 more years, for a maximum of 15 years.

After expiration, the design falls into the public domain and can be freely used by anyone.

II. Understanding Copyright Protection

Copyright protects creativity expressed in an original work, such as artistic, literary, dramatic, musical, cinematographic, and sound recordings.

A. Definition under the Copyright Act, 1957

Under Section 13, copyright subsists in:

original literary works,
dramatic works,
musical works,
artistic works,
cinematographic films, and
sound recordings.

Fashion sketches, paintings, photographs, sculptures, digital art, graphic designs, and illustrations qualify as artistic works under Section 2(c).

B. Requirements for Copyright

To be protected, a work must be:

Original—not copied from other works.
Expressed in a tangible form—not merely an idea.
Not explicitly excluded under the Copyright Act.

C. Duration of Copyright Protection

The duration varies depending on the type of work. For artistic works:

Protection lasts for the lifetime of the author plus 60 years after death.

III. Key Difference Between the Two Rights

Although both design and copyright protect “creations,” they serve different purposes and apply to different types of works.

1. Subject Matter Protected

Design Rights Protect:

Aesthetic aspects of industrially manufactured products,
The shape and visual appearance of products like bottles, furniture, textiles, jewellery, footwear, packaging.

Copyright Protects:

Artistic expression in creative works, such as sketches, paintings, photographs, illustrations, sculptures, and fabric prints.

2. Focus of Protection

Design rights protect how a product looks, while copyright protects how an idea is expressed.

3. Registration Requirement

Design rights require registration to be enforceable.
Copyright arises automatically upon creation of a work; registration is optional.

4. Duration

Design rights: Up to 15 years.
Copyright: Lifetime + 60 years.

5. Enforcement Test

Design infringement is based on substantial visual similarity, while copyright infringement requires copying of expression, not mere similarity.

IV. The Crucial Interface: Section 15 of the Copyright Act

The most important legal provision that deals with the overlap between design rights and copyright is Section 15 of the Copyright Act, 1957.

A. Deeming Provision under Section 15(2)

If a work capable of being registered as a design is:

applied to an article by an industrial process, and
reproduced more than 50 times,

then copyright ceases, and protection is available only under the Designs Act.

This prevents dual protection and ensures that creators use the design system when they intend mass production.

V. Judicial Precedents Shaping the Distinction

Indian courts have clarified the interplay between design protection and copyright in several landmark cases.

1. Micro Fibres Inc. v. Girdhar and Co. (2006)

Delhi High Court

This is the most authoritative judgment on the subject.

Facts

Micro Fibres created intricate upholstery fabric designs and sought copyright protection. The defendant copied their fabric patterns.

Held

Artistic works may initially enjoy copyright.
Once they are applied industrially more than 50 times, copyright is extinguished.
For mass-produced designs, only design registration is available.

Significance

The Court clarified that fashion and textile designs should be protected under the Designs Act, not copyright, once industrial manufacturing begins.

2. Rajesh Masrani v. Tahiliani Design Pvt. Ltd. (2009)

Delhi High Court

This case concerns fashion sketches and embroidery designs.

Facts

Tahiliani claimed that his artistic sketches of garment designs were copied by the defendant.

Held

The sketches were artistic works protected under copyright.
Copying the sketches amounted to copyright infringement.
The fact that the apparel was later produced industrially does not destroy copyright in the sketches.

Significance

This established that artistic sketches enjoy copyright even if the final garment design may require design registration.

3. Ritika Pvt. Ltd. (Ritu Kumar) v. Biba Apparels Pvt. Ltd. (2016)

Delhi High Court

Facts

Ritu Kumar alleged that Biba copied her traditional prints and patterns.

Held

Many patterns were traditional and lacked originality.
Copyright and design protection cannot be granted for commonly used motifs.

Significance

This decision emphasises that novelty and originality are crucial to both design rights and copyright.

4. Samsonite India v. Bagzone Luggage (2017)

Bombay High Court

Facts

Samsonite accused Bagzone of copying luggage designs.

Held

The design was applied industrially and mass-produced.
Therefore, it fell within design law and copyright did not apply.

5. Crocs Inc. USA v. Liberty Shoes Ltd. (2018)

Delhi High Court

Facts

Crocs claimed design protection over its iconic clog footwear.

Held

The design was previously published online before filing.
Therefore, neither design nor copyright protection applied.

Significance

This highlights that prior publication destroys both forms of protection.

VI. When Should Creators Seek Design Protection?

Design protection is preferable when:

1. The creation will be mass-produced

Examples:

clothing designs,
footwear,
packaging,
jewellery,
furniture,
toys,
consumer products.

These products typically require protection under the Designs Act because they are likely to be reproduced more than 50 times.

2. The creator wants exclusive control over the product’s physical form

Design protection grants the exclusive right to apply the design to an article.

3. The design is purely aesthetic

Design law protects:

surface patterns,
shapes,
ornamentation.

4. Long-term brand protection is desired

After a design becomes distinctive, brands may also apply for shape trademarks.

VII. When Should Creators Rely on Copyright Protection?

1. The work is not meant to be mass-produced

Examples:

paintings,
sculptures,
one-of-a-kind garments,
digital artwork,
photographs.

2. The creator wants long-term protection

3. The work is artistic in nature

Examples include:

sketches,
embroidery drawings,
textile illustrations,
graphic designs.

4. Industrial application does not exceed 50 copies

If the work remains artisanal, copyright protection remains intact.

VIII. Practical Overlap Between the Two Rights

Designs and copyrights often overlap in real life.

1. The process in the fashion industry

A designer sketches the garment → copyright applies.
The garment is mass-produced → design protection required.
After mass production, copyright ends for the design applied to the garment.
The sketch still retains copyright.

2. Jewellery design

Drawings have copyright.
If mass-produced jewellery is made, the design must be registered.
If not registered, protection is lost under Section 15.

3. Graphic prints on apparel

An artwork on paper is protected by copyright.
Once the print is applied to thousands of T-shirts, Section 15 applies, and design registration becomes necessary.

IX. Limitations of Both Rights

A. Design Rights Cannot Protect:

Functional elements,
Methods of construction,
Mechanical features,
Articles with no visual appeal.

B. Copyright Cannot Protect:

Ideas,
Functional aspects,
Designs reproduced more than 50 times (if capable of design registration).

Understanding these limitations helps creators select the right form of protection.

X. Comparative Summary

Feature	Design Rights	Copyright
Law	Designs Act, 2000	Copyright Act, 1957
Protection	Aesthetic features of industrial products	Artistic expression in various creative works
Registration	Mandatory	Automatic
Duration	15 years	Lifetime + 60 years
Application	Only to articles	Any artistic medium
Industrial Production	Must be industrial	More than 50 copies may end copyright
Focus	Ornamental appearance	Creative expression

XI. How Indian Creators Can Use Both Rights Strategically

Creators should adopt a layered approach:

1. Protect sketches and artwork with copyright first

This ensures legal protection from the moment of creation.

2. Register designs before commercial rollout

This blocks competitors from copying physical products.

3. Update designs regularly

Keep renewing creative collections for continuous protection.

4. File trademark protection for distinctive shapes over time

Examples:

bottle shapes,
handbag shapes,
footwear silhouettes.

5. Use contracts and NDAs

Especially with manufacturers, tailors, printers, and suppliers.

6. Monitor markets for infringement

Quick enforcement maintains market position.

XII. Conclusion

Design rights and copyright protection are two powerful but distinct forms of intellectual property protection in India. While design rights safeguard the aesthetic elements of products that are industrially manufactured, copyright protects artistic expression in all forms. Their purposes, duration, enforcement mechanisms, and legal principles differ, and Indian law—especially Section 15 of the Copyright Act—ensures that creators choose the appropriate form of protection depending on their intended commercial activities.

Judicial precedents such as Micro Fibres, Tahiliani, Ritu Kumar, Samsonite, and Crocs highlight the importance of understanding the clear boundaries between these rights. Copyright protects artistic sketches and unique visual expression, but once those designs are mass-produced, they require design registration for continued protection. Both forms of protection are essential, and together, they help Indian designers, artists, and businesses preserve creativity, prevent imitation, and strengthen commercial value.

Creators who understand the interplay between these rights and use them strategically can build stronger intellectual property portfolios, deter piracy, and sustain innovation in an increasingly competitive marketplace.